A man was allegedly sleeping in his vehicle while blocking the drive through of White Castle’s at about 1 a.m. on January 14th. The activity, or lack of activity, caused someone to call the police, who arrived shortly thereafter.
When the police arrived, the officer reported that Donald Niersbach, of Justice, was slumped over the steering wheel asleep and blocking the drive through. The vehicle was running and the key was in the ignition. The officer opened the passenger door and placed the car in park.
When the officer woke Niersbach up, he reported smelling alcohol coming from his breath. He alleged that Niersbach had blood shot and glossy eyes and was speaking with slurred speech. The officer also alleged that a partially empty Bud Light Lime A Rita Can was sitting in the cupholder.
Niersbach was asked to step out of the car and began taking the field sobriety test. During the first part of that test, Niersbach said he didn’t want to take any further tests, according to the police. He also refused a breathalyzer.
Niersbach was placed into custody. During a check of his name, the police learned that his driver’s license had been previously revoked for a DUI. The Oak Lawn police contacted the Cook County State’s Attorney and requested felony charges since Niersbach had two previous DUIs and was driving on a revoked license. The State’s Attorney’s Office approved felony Aggravated driving under the influence charges. Niersbach, a 28 year old white male with a Justice address, was also charged with driving without proof of insurance and illegal transportation of alcohol.
According to the report, it appears Niersbach was not able to make his order at White Castle.